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Generally speaking, parking spaces can be simply divided into two kinds, one is to be able to issue a property right certificate, and the other is not to be able to issue a property right certificate. Therefore, when you buy a parking space, you must keep your eyes open to understand whether you are signing the "Motor Parking Space Purchase Agreement", or the "Parking Space Lease Agreement" or "Use Right Transfer Agreement".
The common parking spaces that cannot be issued with property rights certificates can also be simply divided into two types. One is the parking space that has been included in the shared area. As long as it is included in the public pool, legally speaking, it belongs to the parking space that cannot be issued with a property right certificate, because it is shared by all owners.
Therefore, this type of parking space cannot be purchased as a property right, but can be leased. The other is a civil air defense parking space.
Civil air defense parking spaces are different from other parking spaces and have their particularities. Because the area occupied by the civil air defense parking spaces belongs to the civil air defense project, and the civil air defense project belongs to the construction of the civil air defense project, according to the relevant regulations, the national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement as a civil air defense project is not included in the common construction area.
Therefore, the civil air defense parking space does not belong to the developer, nor does it belong to all the owners, and this type of parking space cannot be purchased for property rights.
Can the civil air defense parking space be rented? According to the current judicial practice, there are two main views on the leasing of civil air defense parking spaces:
Point of view. 1. Some courts hold that no unit or individual has the right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid.
Point of view. 2. In accordance with the principle of "who invests and who benefits", the developer can obtain rent by leasing civil air defense parking spaces, but the use of civil air defense projects must go through registration procedures.
Therefore, if you want to rent a civil air defense parking space, it is best to obtain permission from the civil air defense department. Moreover, there is a possibility that the rental civil air defense parking space will be requisitioned by the ** department without compensation due to force majeure such as war and natural disasters.
Finally, we should also pay attention to the agreed lease term, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.
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1. Prefer a parking space with high terrain.
Because it is an underground parking space, we must pay attention to the topography of the parking space, and try to choose a higher position, otherwise, if there is a rainstorm, the underground parking space is waterlogged, and it is easy to flood the vehicle and cause unnecessary losses to your property.
2. Don't get too close to the exit.
When choosing an underground parking space, do not choose a parking space that is too close to the exit, because such a parking space is often far away from the elevator, and if there is a vehicle parked temporarily, it is easier to park here and occupy the parking space.
3. Select the parking space covered by the camera.
When choosing a parking space, you must pay attention to the position of the camera, do not choose a corner that is too deep, which is often not covered by the camera, and it is easy to steal, and it is not very convenient to enter and exit, try to choose the place covered by the camera.
4. Choose a single-sided column or wall.
You can choose a parking space with a pillar or a wall on one side, because when parking in this way, it is easier to find a parking space, and there are references to refer to, which is convenient for parking, and generally such a parking space is not easy to be occupied, and it is not easy to be occupied.
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1. Independent parking space. The leaky parking space is an independent parking space with buildings and pillars on both sides, and it is parked here, not only has a large space to perform, the door is easy to open, and there is no need to worry about rubbing against the vehicle next to it.
2. Adjacent pillar parking space. There are pillars next to the parking space, so you don't have to worry about getting trapped in the car if the car stops crookedly!
3. Parking space at the corner of the right-turn lane. Not only is the space close to the pillar, but it is also close to the elevator, which saves time in and out, and most importantly, it is located at the turn of the homeopathic lane, which is very convenient to enter and exit.
4. Special precautions 1: Choose a parking space with a high height, if there are wires, ventilation pipes, water pipes, etc. above the parking space, it is best to pay attention to the parking space above the meter without any other things!
5. Special precautions 2: There is also a fixed parking space formed by the pillar and the wall, the width of the entrance of this parking space is relatively small, and you need to test your skills. Even if the car is parked, getting out of the car is a problem, especially on the side against the wall.
6. Special precautions 3: The parking space at the intersection should be carefully selected, the intersection is the largest traffic flow, the risk factor is very high, and many cars may be reversed here, U-turn, etc., which is easy to affect your car. There are many cars at the intersection, which is a big test for you to enter and exit the warehouse, and you must always pay attention to its return to the source to rent other vehicles through!
1. Prefer a parking space with high terrain.
Because it is an underground parking space, we must pay attention to the topography of the parking space, and try to choose a higher position, otherwise, if there is a rainstorm, the underground parking space is waterlogged, and it is easy to flood the vehicle and cause unnecessary losses to your property. >>>More
The owners share the construction costs and share the property rights proportionally; According to the requirements of the "Air Defense Law", underground air defense fortifications should be built in the development of urban commercial housing. Corresponding to the above three situations, the disposal of parking spaces is also different: the developer has full property rights for sale and rent; For the owner-co-owner, the way of use, the charging standard and the whereabouts of the income shall be decided by the general meeting of owners; The state has property rights for civil air defense fortifications, and they shall not be used by the owners on the premise of not hindering the air defense function and meeting the needs of the owners, and a certain fee may be charged as agreed. >>>More
1. Prefer a parking space with high terrain.
Because it is an underground parking space, we must pay attention to the topography of the parking space, and try to choose a higher position, otherwise, if there is a rainstorm, the underground parking space is waterlogged, and it is easy to flood the vehicle and cause unnecessary losses to your property. >>>More
1. It is necessary to clarify the issue of basement property rights, which belong to the development of the builder and are the property rights of the builder, and according to the provisions of the Property Law, the builder has the right to deal with it, and the builder has the final say on whether it is a sale or lease. If the property belongs to the builder, it is legal for the developer to sell the property. >>>More
No. Because this is very detrimental to the management of parking spaces. If your parking space is rented out and the tenant's car is driven in and placed in someone else's parking space, it is difficult for the management to distinguish between them.